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  • GreenMe
    05-09 10:31 AM
    Hi Cobra,

    Don't lose hope. Your will get your approval.

    My wife and I went to India in Jan 2011. We both are on H1 and work for the same employer. My company is a 150+ employee IT firm. We both went separately for our Visa interview to Mumbai Consulate.

    When my wife appeared for Visa stamping, she was asked questions about her job, education and company. After her interview, the consular gave her the 221g form that requested all the employer details (tax returns, audit statements etc. ). So when I reached India, I carried the documents for my wife and similar set for myself. She appeared for the interview again and after reviewing the documents the consular approved her visa. Our immigration lawyer mentioned that it might take 2-3 months - but this was quicker than we initially assumed.

    When I appeared for the Visa India, I was asked questions about my education and how am I on my 7th year of my H1. Once the consular noticed that I have filed GC and the 7th year extension is due to my I-140 approval, she issued me a 221g form and mentioned that my case is taken in administrative processing. They didn't give any turnaround time for the processing. However, I received email from consulate after 4 days to submit my passport and my visa was approved.

    I noticed this has happened with most of the friends I know were visiting India for stamping. And the 221g form is issued to anyone, irrespective of IT or Non IT field, Small or Multi-billion Corporation. A friend of mine who is working in biggest telecom got 221g, another one working for Research Hospital for 221g, then one in a Biotech firm and in Manufacturing firm - all non IT got 221g

    It will take it's course and you should get your approval. All the Best !!!

    Regards,
    GreenMe





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  • qplearn
    10-09 04:57 PM
    yes!!

    with AC21, you do not have to do the whole thing again......... that I am sure of!!
    Does the job title have to be same? What if there is a promotion involved, i.e., the new job title is at a higher level? Will USCIS accept that?





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  • GCplease
    07-19 11:22 AM
    GCPlease - I am also in the same boat! RFE not yet received but looks like it could be for the photos. Its been over 8 days now. I did not get a notice for biometrics. It could be because we did our 485 biometrics just 8 months ago. Perhaps they will just use that.

    Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?

    Thanks,

    gchopes



    wait for 15 days since USCIS said they sent you the rfe. After that you can call uscis at the # they have in the EAD Receipt they sent you, and you can open a Service Request for non delivery of the RFE. There is a 15 day rule. if you call earlier, they are not gonna entertain you. I got my RFE after 3 days I opened the SR.

    But call immediately after the 15 days because the time limit for you to send the rfe is 33 days and this clock starts from the time they say they have sent you the rfe (which you may have recived in an email notification or the online status). They did not extend this time period for me due to non-delivey.

    The RFE they sent had the address we need to send the response. I think it was a different address.

    The above said information is based on my experience. It may be be different with each case. you know how uscis is. just use it as a guideline.





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  • chanduv23
    11-08 03:15 PM
    These are the reasons

    (1) Employers will have ability to pay issues or just do not want to carry paperwork after you leave - cancelling 140 is beneficial for them - they win the goodwill of USCIS

    (2) For USCIS - handling AC21 paperwork means assigning an IO and time and resources - without any fee associated - it is easier to send denial and get money through MTR so that the IO can be working on your case as "billable work" and not "free work"

    (3) The intent of long duration standards set by USCIS is nto make immigration difficult and not easy, so when one changes job using AC21 - with no process in place - it is easy to mess up things rather than fixing them.

    (4) In reality - in a perfect world - there is no need for AC21 regulations - this is just a provision for cases where there are long delays - so I doubt if this process will be officially handled through forms and fees and procedures - USCIS handles this only through memos and IOs have their own way.

    Please participate in the AC21 campaign and lets make it a success. We have to stop seeing denials and start seeing atleast RFE or NOID



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  • vjkypally
    09-19 02:45 PM
    Funny:)Friends,

    Those who have US citizen kids Vs Those who dont

    Let us fight :D:D:D





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  • CantLeaveAmerica
    06-18 07:05 AM
    Besides not signing this so called contract

    If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.

    Non solicitation clause should state a time frame - but otherwise most contracts have them

    And as long as this is a new or potential employer - its a nice red flag to stay out

    Yes, I am in concensus too of the above statements.



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  • sc3
    10-07 02:37 PM
    You've ever heard of kamikaze missions help by Japanese pilots during world war 2?

    They were suicide missions to bomb American targets (like Pearl Harbor) knowing very well they will not come back alive. They would crash their planes into enemy targets laden with a lot of explosives.

    Go figure!

    Whatever side you are on, there is no way you can liken kamikaze mission to a suicide. Kamikaze mission was of bravery, people willing to die for their countries -- that is the ultimate sacrifice. People committing suicide are just cowards who aren't strong enough to face life problems thrown at them. I am sure a lot of us here have lost investments too, but we are going to pick ourselves up and continue to make our lives -- not end it.





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  • vvr_rao
    09-01 11:21 AM
    You can contact your local Senator's office. They proved very helpful in my case. (I got my EAD within a week of contacting them)

    One thing I noticed was that when I contacted them about my EAD renewal delay, they also followed up on my pending GC app. and sent me a letter saying that the date wasn't current. I guess in your case they might prod USCIS to process your GC quicker...

    ...anyway... best of luck with both apps. Hope you get them soon



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  • sorcerer666
    11-15 03:08 PM
    I think 'STEM" is the word here :D and include people from an "accredited" US university and not something like Trivalley University





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  • wahwah
    04-03 08:22 PM
    dont worry about actual salary being higher than LC salary.
    i had the same issue last year...my bonus put my total salary over $50K than what was listed on the LC. i checked with my lawyers and they said that was fine.

    Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).



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  • gcdreamer05
    11-13 02:08 PM
    There were many laid off threads similar to this one,

    http://immigrationvoice.org/forum/showthread.php?t=22400

    If the person is willing he can help.





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  • roseball
    02-28 02:50 PM
    I am in the same situation with H1/H4 extension receipt dates of Dec 21,2006. My current H1 and wife's H4 are expiring in June 2007. I dont think the H4 will be approved before Apr 2007. My company wont sponsor for premium processing neither its allowing me to pay for it. Can we just file for H4 to H1 under regular processing and submit the H4 extension approval once we get it approved. I am sure it will take them atleast 5-6 months to process regular H1 filings. Can more documentation be submitted to USCIS based on the receipt notice without them asking for it. I am just worried incase her H1 is approved without an attached I-94. It's a nightmare to go for stamping back home. Any suggestions/views?



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  • irha
    12-07 12:01 PM
    120th day
    So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?





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  • gc_chahiye
    12-27 01:57 AM
    inline...
    Is it mandatory to file AC21 with USCIS after moving to a new company?


    most lawyer recommend filing it. If your previous employer revokes your I-140, then filing it can potentially save you an RFE and related delays.


    If I move out to a new company before 180 days with the employer's co operation now and
    If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?

    No, you are safe in this case. There is the little gray area of you leaving the petitioning employer early, but since they did not revoke teh I-140, you can say that (if it came up in the interview) you intended to go back to them and they had all intentions of hiring you again. As long as I-140 is revoked past 180 days there are no issues. File for AC-21 sometime past the 180 days mark.



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  • paulcao1978
    01-26 02:04 PM
    It's almost the end of Jan now. Do we have a fax compaign or sth similar?





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  • go_getter007
    12-11 12:23 PM
    I think it's a way to manage your own expectations - if EBn works out in a reasonable amount of time (varies from person to person), the US is a great place to be, otherwise, your own country is not all that bad. :D

    GG_007



    Why are you applying in EB1 then ?



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  • IVMovies
    11-20 06:54 PM
    Suggestion: Let Corporate America handle H1B quota. They don't need our help. Tying up H1B with GC is only hurting us. We are in IV for GC issues.

    Movie is not focused on H1b quota. It would tell common public the real side stories of H1 people as they are focused now as job stealers (is wrong). The odds of that and how they struggle on H1 etc.





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  • rameshvaid
    04-22 09:28 AM
    I applied for my H1B 9th year extension using I-140 substitution in 10th March 2008. My 8th year H1B was expired on 14th April 2008. Currently my 9th year H1B extension was is in pending status. Unfortunately my I-140 was denied on 18th April 2008 due to 4 years Bachelors degree.

    I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.


    Now how can I get my 9th year extension?
    Can I appeal for I-140 and get 9th year H1B extension?

    Could you please give me your valuable suggestions on this?

    Thanks,
    Naga

    Get your degrees evaluated by the certified evluators and add your experience to be qualified or you can go for EB 3 but your priority date will remain the same. A friend of mine was in the same boat, but had 3 years commerce college and 2 years MBA from UK and was in his 9th year of H1, I 140 was denied. He appealed and REAPPLIED I 140 with all the evaluations, he got approval in less than a month but EB3 with the same old priority date.

    Good Luck..

    Ramesh





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  • hopefulgc
    08-14 10:13 AM
    Libra,
    I think everybody here appreciates your effort to get people to contribute. But use of such demeaning language is simply uncalled for.
    This approach will simply drive away new members and degrade IV's reputation.
    Another question is how do you know if somebody has not contributed. Maybe they did, but just didn't update their signature.
    I almost don't feel like visiting here anymore because of all this. Bu you know what, missions of IV are way more important to us.. so much that we are willing to put up with all this and help IV further its missions.

    Maybe, we should explore other avenue of making money, like banner ads and targeted SE ads.



    People who come here just to create threads and post all silly things need to get remind that this forum/organization is ran by members contribution, people like me who are contributing are allowing you to use this site. You better get this.

    And somebody said it right, to contribute someone has to be huMAN.





    PD_Dec2002
    03-20 07:29 AM
    according to you, it means he is really disappointing or annoying to just read one bill and conclude everything....

    gceb1:

    Are you kidding me with your posts? I can't decide whether to feel sorry for you or get angry with you. But I guess, I will move on since you obviously have issues to deal with...green card should be the least of your priorities!

    My "bummer" post was specifically in response to WAIT_FOR_EVER_GC and whitecollarslave's posts about Masters in STEM. I read all the three bills and I stand by my statement that Masters in STEM are exempt ONLY from the H-1B cap; not the EB cap. (line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).) It is only the PhDs who are exempt from the EB cap.

    Before you start throwing "smart alecky" comments at others, please let me know where it explicitly says otherwise. Don't show me anything about PhDs; ONLY Masters and EB caps.

    I (and probably others too) thought this was the STEM bill being reintroduced which deals with EB caps. But it is not, hence the disappointment.

    Regards,
    Jayant

    P.S.: I know you are going to be back to read this thread. So a lack of response from you will be sufficient for me to have proven my case. But an apology for casting aspersions wouldn't hurt......naah, just kidding! :-) You have a lot of growing up to do, so run along.





    boreal
    07-15 08:08 PM
    tere muh me ghee shakkar yaar...
    mera bas chale to procesing date ko rajdhani me bitha ke double engine laga du...

    jokes apart - seriously this is a very exciting time, no one knows what will happen - yet everyone optimistic... which is a good sign.

    I just talked to our company lawyer and she said that they are seeing a lot of 485 approvals from the receipt dates from last week of july and a little before that ...

    good luck to all!

    When you said 'receipt-dates', were those the actual receipt dates or the erroneous notice dates that would appear in the online status page?



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